Terms & Conditions.

These Terms & Conditions govern your use of the Machells Construction website (machellsconstruction.com.au) and set out the general conditions that apply to enquiries, quotations and services we provide. They apply between you and Machells Construction Pty Ltd (ABN 24 681 868 959) ("Machells", "we", "us", "our").

By accessing this site, enquiring with us, or engaging us for a project, you agree to be bound by these terms and by our Privacy Policy. If you don't agree, please don't use the site or engage our services.

These terms do not replace any signed contract, subcontract agreement or scope of works between us. Where a signed contract exists, its terms prevail to the extent of any inconsistency.

You may use this website for lawful purposes only. You must not:

— use the site in any way that breaches applicable law;
— attempt to gain unauthorised access to any part of the site or its infrastructure;
— use automated tools to scrape, harvest or copy content from the site;
— upload, transmit or post any content that is unlawful, defamatory, harmful or infringes another person's rights;
— interfere with the site's operation, or with any other user's use of it.

We reserve the right to suspend or terminate access to the site, or to any person, at our discretion and without notice.

The content on this website — including project descriptions, capability statements, photography and articles — is provided for general information. While we take reasonable care to keep it accurate and up to date, we don't warrant that it is complete, current or error-free.

Nothing on this site constitutes a quote, an offer to contract, or professional advice. Specific advice about your project will be given to you in writing as part of a formal quotation or scope response.

Validity. Written quotations are valid for 30 days from the date issued, unless a different period is stated in the quote itself. After that, we may need to re-price based on current material, labour and program conditions.

Scope basis. Quotations are based on the drawings, specifications and information provided to us at the time of pricing. Any change to the brief, design, site conditions or program after acceptance may trigger a variation.

Acceptance. A quotation becomes a contract when you accept it in writing (email is fine) and we confirm acceptance back to you, or when a separate contract or purchase order is executed. Until then, either party can withdraw without liability.

Exclusions. Unless expressly included, quotations exclude matters such as engineering, certification, permits, waste removal beyond our own work, rock or contaminated ground, asbestos handling, and out-of-hours work.

If the scope, design, program or site conditions change after we've priced the work, the change will be treated as a variation. We'll issue a written variation setting out the change in scope, the cost impact and any effect on program.

Variations must be approved in writing before the varied work is carried out. If a head contractor or consultant directs a change verbally on site, we'll act in good faith to keep the job moving, but we reserve the right to raise the variation in writing promptly afterwards.

Approved variations form part of the contract and are invoiced at the same rhythm as the base contract unless agreed otherwise.

You agree to provide safe, legal and uninterrupted access to the site during agreed working hours, along with reasonable use of site facilities (power, water, amenities, lay-down area) where not otherwise specified.

Our crews operate in accordance with current Victorian WHS regulations. Every crew member holds a valid White Card and completes site-specific induction before starting work. We maintain SWMS, ITPs and toolbox records as required.

If access is delayed, withdrawn, or site conditions are materially different from those disclosed at pricing, we may claim for additional time and cost as a variation. Any site-specific hazards — including asbestos, contamination, or heritage restrictions — must be disclosed before we commence work.

Unless otherwise agreed in writing, our standard payment terms are 14 days from the date of invoice. Progress claims for ongoing projects are submitted monthly in arrears.

All prices are in Australian dollars and are exclusive of GST unless stated otherwise. GST will be added at the prevailing rate and itemised on every tax invoice.

Claims under the Building and Construction Industry Security of Payment Act 2002 (Vic) will be managed in accordance with that Act. A payment claim marked as such triggers the statutory response and payment timeframes.

If an invoice is not paid by its due date, we may (i) charge interest on the overdue amount at a reasonable commercial rate, (ii) suspend further work on reasonable notice, and (iii) recover reasonable collection costs.

Goods supplied as part of our services remain our property until paid for in full.

We warrant that our work will be carried out with reasonable skill and care, in accordance with the contract scope, drawings and specifications. Statutory warranties under the Domestic Building Contracts Act 1995 (Vic) and the Australian Consumer Law apply where relevant and cannot be excluded.

To the maximum extent permitted by law, our total liability to you for any loss, damage, cost or expense arising out of or in connection with a project is limited to the contract price for that project, or (at our option) to the re-performance of the defective work.

We are not liable for indirect, consequential, or economic losses — including loss of profit, loss of revenue, or delay damages — beyond what is expressly agreed in a signed contract.

Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or other law that cannot lawfully be excluded.

All content on this website — including the Machells name and mark, text, photography, graphics and layout — is owned by Machells Construction Pty Ltd or used under licence. You may view and print pages for personal, non-commercial use. Any other use, including redistribution, republishing, or commercial use, requires our prior written consent.

Where we have taken photography of a completed project, we reserve the right to use those images for marketing and capability purposes, with reasonable regard for the client's privacy and any confidentiality arrangements in place.

This website may contain links to third-party sites. We provide these links for convenience only. We don't endorse or take responsibility for the content, privacy practices, or availability of any third-party site, and accessing them is at your own risk.

These Terms & Conditions are governed by the laws of the State of Victoria, Australia. Both parties submit to the exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia sitting in Melbourne.

Before commencing any proceedings, the parties agree to try to resolve the dispute in good faith — first by direct discussion between senior representatives, and, if that doesn't work, through mediation under the rules of the Resolution Institute (or a similar body we agree on).

We may update these Terms & Conditions from time to time. The current version is always available on this page, with its last-updated date at the top. Continued use of the website or our services after an update means you accept the revised terms.

We may discontinue or modify the website (or parts of it) at any time without notice. We're not liable for any inconvenience this causes.